Huerta v. County of Tulare, et al

Filing 85

AMENDED SCHEDULING ORDER signed by Magistrate Judge Erica P. Grosjean on August 19, 2021. The Court amends the scheduling order as follows: Supplemental Initial Disclosures Deadline: September 22, 2021; Supplemental Discovery Responses Deadline: September 22, 2021; Nonexpert Discovery Cutoff: January 14, 2022; Expert Disclosure Deadline: March 7, 2022; Rebuttal Expert Disclosure Deadline: April 8, 2022; Expert Discovery Cutoff: May 20, 2022; and Dispositive Motion Filing Deadline: June 1, 2022. (Rooney, M)

Case 1:17-cv-01446-EPG Document 85 Filed 08/19/21 Page 1 of 6
1
2
3
4
5

IN THE UNITED STATES DISTRICT COURT

6

EASTERN DISTRICT OF CALIFORNIA

7
8

RAMIRO HUERTA,

9

Plaintiff,

10

AMENDED SCHEDULING CONFERENCE
ORDER
Supplemental
Initial Disclosures:

11
12

September 22, 2021

Supplemental
Discovery Responses: September 22, 2021

13

Nonexpert
Discovery Cutoff:

14
15

CASE NO. 1:17-cv-01446-EPG

v.

January 14, 2022

Expert
Disclosure Deadline: March 7, 2022

16
17

Rebuttal
Expert Disclosure:

23

Not Set

COUNTY OF TULARE, et al.,

24

Not Set

Jury Trial:

22

Not Set

Pretrial Conf.:

21

June 1, 2022

Settlement Conf.:

20

May 20, 2022

Dispositive Motion
Filing Deadline:

19

April 8, 2022

Expert
Discovery Cutoff:

18

Defendants.

25
26
27
28
1

Case 1:17-cv-01446-EPG Document 85 Filed 08/19/21 Page 2 of 6
1

On February 6, 2018, the Court entered a Scheduling Order in this case. (ECF No. 14.)

2

The Court entered an order on March 26, 2019, granting Defendants’ motion for contempt and

3

staying the civil case while Plaintiff’s criminal case is pending. (ECF No. 69.) The Court

4

subsequently vacated all pending deadlines and hearings in light of the stay. (ECF No. 71.)
The Court held a status conference on August 4, 2021, and directed the parties to meet and

5
6
7
8
9

confer regarding a revised schedule through dispositive motions. (ECF No. 82.) On August 12,
2021, the parties filed a joint scheduling report. (ECF No. 83.) Pursuant to Fed. R. Civ. P. 16(b)
and the parties’ joint scheduling report, this Court sets a further schedule for this action.1
I.

Amendment to The Parties’ Pleadings
The parties are advised that the filing of motions and/or stipulations requesting leave to

10
amend the pleadings does not imply good cause to modify the existing schedule. Fed. R. Civ. P.
11
12
13
14
15

16 (b) (4); see also Johnson v. Mammoth Recreations, Inc., 975 F. 2d 604, 609 (9th Cir. 1992).
Moreover, any request for amendment under Fed. R. Civ. P. 15(a) must not be: (1) prejudicial to
the opposing party; (2) the product of undue delay; (3) proposed in bad faith; or (4) futile. See
Foman v. Davis, 371 U.S. 178, 182 (1962).
II.

16

Consent to Magistrate Judge
The parties have consented to conduct all further proceedings in this case, including trial,

17

before the Honorable Erica P. Grosjean, United States Magistrate Judge.

18

III.

19

Fed. R. Civ. P. 26(a)(1) and Supplemental Discovery Responses
Supplemental initial disclosures and supplemental discovery responses are due

20

September 22, 2021.

21

IV.

Discovery Cutoffs and Limits
All non-expert discovery shall be completed no later than January 14, 2022. Initial

22
23

expert witness disclosures shall be served no later than March 7, 2022. Rebuttal expert witness

24

disclosures shall be served no later than April 8, 2022. Such disclosures must be made pursuant

25
26
27
28

to Fed. R. Civ. P. 26(a)(2)(A), (B) and (C), and shall include all information required
thereunder. In addition, Fed. R. Civ. P. 26(b)(4) and Fed. R. Civ. P. 26(e) specifically apply to
discovery relating to expert witnesses and their opinions. Each expert witness must be fully
1

By separate order, the Court has lifted the stay of this case in full.

2

Case 1:17-cv-01446-EPG Document 85 Filed 08/19/21 Page 3 of 6
1

prepared to be examined on all subjects and opinions included in the disclosures. Failure to

2

comply with these requirements will result in the imposition of appropriate sanctions, including

3

the preclusion of the expert’s testimony, or of other evidence offered through the expert.
All expert discovery shall be completed no later than May 20, 2022. The parties are

4
5
6
7
8
9

advised that motions to compel must be filed in advance of the discovery deadlines so that the
Court may grant effective relief within the allotted discovery time. A party’s failure to have a
discovery dispute heard sufficiently in advance of the discovery cutoff may result in denial of the
motion as untimely.
V.

Motion Schedules
A.

General Information Regarding Filing Motions

10
The parties are advised that unless prior leave of the Court is obtained before the filing
11
12
13
14
15

deadline,2 all moving and opposition briefs or legal memoranda, including joint statements of
discovery disputes, filed in civil cases before Magistrate Judge Grosjean, shall not exceed twentyfive (25) pages. Reply briefs by the moving party shall not exceed ten (10) pages. These page
limits do not include exhibits. When scheduling motions (other than discovery motions) the
parties shall comply with Local Rule 230.

16

Counsel or pro se parties may appear and argue motions by telephone, provided a request

17

to so do is made to Michelle Rooney, Magistrate Judge Grosjean’s Courtroom Deputy (unless

18

prior permission has been given by the judge), no later than five (5) court days before the noticed

19

hearing date. Requests can be made by emailing Ms. Rooney at [e-mail]. If

20

the parties are appearing telephonically, each party shall dial 1 [phone] and enter access

21

code 1024453.
1.

22

In order to file a discovery motion, including motions pursuant to Fed. R. Civ. P. 37 or 45,

23
24
25
26
27
28

Informal Discovery Conferences

a party must receive permission from the Court following an informal telephonic discovery
dispute conference. Non-parties challenging a subpoena under Fed. R. Civ. P. 45 are not required
to request an informal conference before filing a motion. A party wishing to schedule such a
conference should contact chambers to receive available dates. The Court will schedule the
2

Parties may seek leave through a telephonic conference among all parties and the Court, or by short motion.

3

Case 1:17-cv-01446-EPG Document 85 Filed 08/19/21 Page 4 of 6
1

conference as soon as possible, taking into consideration the urgency of the issue.
Prior to the conference, the parties shall simultaneously file an Informal Discovery

2
3

Dispute Letter Brief, outlining their positions regarding the dispute. Such briefs shall be no

4

longer than three pages single-spaced, and may include up to five pages of exhibits. The parties

5

are also directed to email their briefs to [e-mail]. The Court will provide

6

the date and time the Letter Briefs are due at the time the conference is scheduled.
At the time of conference, the parties shall dial 1 [phone] and enter access code

7
8
9

1024453. The Court will not issue a formal ruling at that time. Nevertheless, the Court will
attempt to provide guidance to the parties to narrow or dispose of the dispute. If no resolution can
be reached without formal motion practice, the Court will authorize the filing of a formal

10
discovery motion.
11

2.

12
13

Filing a Discovery Motion

If a motion is brought pursuant to Fed. R. Civ. P. 37 or 45, after receiving permission
from the Court, the parties must prepare and file a Joint Statement re: Discovery Disagreement

14

(“Joint Statement”) as required by Local Rule 251.3 In scheduling such motions, Magistrate

15

Judge Grosjean may grant applications for an order shortening time pursuant to Local Rule

16

144(e). Motions to shorten time will only be granted upon a showing of good cause. If a party

17

does not obtain an order shortening time, the notice of motion must comply with Local Rule 251.

18

A Joint Statement not to exceed twenty-five (25) pages must be filed seven (7) calendar

19

days before the scheduled hearing date. Prior to the filing of the Joint Statement, the parties must

20

meet and confer as set forth in Local Rule 251(b). In addition to filing the Joint Statement

21

electronically, a copy of the Joint Statement in Word format must be sent to Magistrate Judge

22

Grosjean’s chambers via email to [e-mail]. Courtesy copies for any

23

pleading in excess of twenty-five pages (25) (including exhibits) shall also be delivered to

24

chambers via US mail, or hand delivery, at the time the Joint Statement is electronically filed.

25
26
27
28

Motions may be removed from the Court’s calendar if the Joint Statement is not timely filed, or if
courtesy copies are not timely delivered.
///
3

Certain limited exceptions from filing the required Joint Statement are outlined in Local Rule 251(e).

4

Case 1:17-cv-01446-EPG Document 85 Filed 08/19/21 Page 5 of 6
1

B.

Dispositive Motions

2

All dispositive motions shall be filed no later than June 1, 2022, and will be heard before

3

Magistrate Judge Erica P. Grosjean, in Courtroom 10. In scheduling such motions, the parties

4

shall comply with Fed. R. Civ. P. 56 and Local Rules 230 and 260.
1.

5

Prior to filing a motion for summary judgment or motion for summary adjudication, the

6
7
8
9

Motions for Summary Judgment or Summary Adjudication

parties are ordered to meet and confer, in person or by telephone, to discuss the issues to be raised
in the motion. In addition to complying with the requirements of Local Rule 260, the parties
must prepare a Joint Statement of Undisputed Facts, which identifies all relevant facts
subject to agreement by all parties. The moving party is responsible for filing the joint

10
statement. In the notice of motion, the moving party shall certify that the parties have met and
11
12

conferred as ordered above, or set forth a statement of good cause for the failure to do so.
VI.

13
14

Settlement Conference
A settlement conference has not been scheduled at this time.

VI.

15

Further Dates and Deadlines
The Court is only scheduling this case through the dispositive motion deadline. After

16

dispositive motions have been resolved, or if no dispositive motions are filed, the Court will set a

17

further status conference to discuss scheduling a pretrial conference and a trial date.

18

IX.

Request for Bifurcation, Appointment of Special Master, or other Techniques to

19

Shorten

20

Bifurcation has not been requested.

21

X.

There are no related matters.

22
23
24
25
26
27

Related Matters Pending

XI.

Compliance with Federal Procedures
All counsel are expected to familiarize themselves with the Federal Rules of Civil

Procedure and the Local Rules of the Eastern District of California and to keep abreast of any
amendments thereto. The Court requires strict compliance with these rules. Sanctions will be
imposed for failure to follow the rules as provided in both the Federal Rules of Civil Procedure
and the Local Rules of the Eastern District of California.

28
5

Case 1:17-cv-01446-EPG Document 85 Filed 08/19/21 Page 6 of 6
1

XII.

Effect of This Order

2

This order represents the Court and the parties’ best estimated schedule to complete this

3

case. Any party unable to comply with the dates outlined in this order shall immediately file an

4

appropriate motion or stipulation identifying the requested modification(s).

5
6
7
8
9

The dates set in this Order are considered to be firm and will not be modified absent a
showing of good cause, even if a stipulation to modify is filed. Stipulations extending the
deadlines contained herein will not be considered unless they are accompanied by affidavits or
declarations with attached exhibits, where appropriate, which establish good cause for granting
the requested relief. Due to the impacted nature of the civil case docket, this Court disfavors
requests to modify established dates.

10
11
IT IS SO ORDERED.
12
13
14

Dated:

August 19, 2021

/s/
UNITED STATES MAGISTRATE JUDGE

15
16
17
18
19
20
21
22
23
24
25
26
27
28
6